论减刑的限制-刑法学专业论文.docxVIP

II II Abstract The commutation is an important criminal enforcement system in our country. We should make necessary limits to the application of commutation limits to ensure the criminal judgment more reasonable implementation. From the perspective of procedural law. The commutation system includes two parts--substantive and procedural from the perspective of procedural law. Therefore, the discussion of the restrictions apply of commutation could from both substantive and procedural two aspects t o comprehensive analysis the current application of the commutation system. At present, the provisions about commutation contain laws, regulations and judicial interpretations. First, we should clearly know the Specific criteria for commutation before discussing the commutation system. it includes the objects, conditions and limits. Second, the commutation applicable procedures contain three aspects: The first is the enforcement authority of the criminal sentence penalty assessment. This assessment generally scored assessment as a means to criminals usually performance-based; followed by the ruling Peoples Court concerning reduction of sentence. Such a determination is in writing the main trial; the third is the supervision of the Peoples Procuratorate of the sentence. Accordance with the law, the Peoples Procuratorate in the commutation system has a broad mandate. Though, it is looks perfect, There are many problems exposed during the actual operation. The First problem exists in entity aspects. the physical standards of the commutation is not strict. Therefore, we must strengthen the limit of the commutation standards, by strictly control the commutation standards. The second problem exists in procedure aspects. Due to the peoples court doesnt know the actual situations about the criminals who will be commuted and the way the peoples court to deal cases is written trial. so, the peoples court cannot effectively exercise discretion commutation. Although, according to the p